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Speak To Attorney

In a criminal situation, ask to speak to your attorney first before you give a statement to the police.

If you believe that you might be considered a suspect at the time of a crime or think that you could be considered a suspect at a later date, make sure you speak to an attorney before you speak freely with the police. Any information you give to the police, whether written or voiced, can be used against you in the court of law.

Repossession by Creditors

A creditor must be considered a secured party to your goods before it can repossess them. Generally, a party is secured if it takes a security interest in your personal property to ensure payment from you (otherwise known as collateral). For example, an electronics store that finances the sale of a TV generally has a security interest in the TV. A party that is unsecured, for whatever reason, has no right to repossess your goods. A secured party may repossess and sell your goods if you default on your debt.

Tax tip: Consider Incorporating for Corporate Taxes

If you’re operating a sole proprietorship or partnership, you might want to consider the advantages of incorporating your business. You will not only enjoy the benefits of limited personal liability but also generally pay less in taxes, namely the self-employment/Federal Insurance Contributions Act tax.

"Assuming the risk" as a defense

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"Assuming the risk" is a defense that a party can assert to try to limit or bar a plaintiff's recovery in a tort action. A plaintiff is said to "assume the risk" when he  or she willingly and knowingly places himself or herself in a position where inherent risks are involved. The burden is on the defendant to prove the plaintiff voluntarily assumed the risk. Common situations in which a plaintiff might have assumed the risk are participating in a violent sport, ignoring a safety warning or attending a baseball game.

Email Libel & Email Defamation

A nasty e-mail written about you by a co-worker could be the basis of a case of defamation, or libel, against that person. Libel occurs when 1) someone makes a false statement of fact in writing, 2) someone else reads the statement, and 3) the statement harms your reputation. In the case of e-mail, it's generally clear that someone has written a statement and someone else has read it. To win in court, you also must prove the e-mail harmed your reputation. In response, valid defenses the co-worker might assert are that the statements are either true or are merely the writer's opinion.